EPA v. ACME SERVICES & A.C. LAWRENCE LEATHER CO

Case summary

SYNOPSIS: REG I PROPOSES CIVIL ACTION AGAINST AN ASBESTOS REMOVAL CONTRACTOR, ACME SERVICES, AND AGAINST A.C. LAWRENCE LEATHER CO, INC., OWNER OF THE BUILDING WHERE ASBESTOS WAS REMOVED FROM FEB 7-17, 1984. VIOLATIONS ARE ALLEGED OF THE NATIONAL EMISSION STD FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBES TOS, 40 C.F.R. PART 61, SUBPART B. DEFS VIOLATED APPLICABLE REQUIREMENTS REGARDING PRIOR NOTIFICATION TO EPA OF AN AS- BESTOS REMOVAL OPERATION. REG I PROPOSES DECLARATORY & IN- JUNCTIVE RELIEF & A PENALTY OF $25,000. EPA HAS LISTED AS- BESTOS AS A HAZARDOUS AIR POLLUTANT WHICH IS REGULATED BY NATIONAL STDS PROMULGATED BY EPA UNDER SECT. 112 OF THE CAA, 42 U.S.C. SECT 7412. A.C. LAWRENCE LEATHER COMPANY, INC (ACL) IS A LEATHER TANNING CORP WHICH SELLS TO SHOE & GARMENT MANUFACTURERS. THE SOUTH PARIS BUILDING WHERE ASBESTOS WAS REMOVED IS ONE OF ITS BRANCH PLANTS. IT MANUFACTURES SIDE LEATHER & SHIPS DIRECTLY TO CUSTOMERS ON ORDER FROM ITS DANVERS, MA HQ. ACME SERVICES IS AN UNINCORPORATED BUSINESS OPERATED OUT OF ITS OWNER'S HOME IN ASHLAND, KY, W/4 EMPLOYEES. IT OPERATED AT A LOSS IN 1983. ACME REMOVED APPROX. 9700 FT OF FRIABLE ASBESTOS FROM THE ACL BUILDING IN S. PARIS, ME. ROLE OF THE STATE: THE ASBESTOS DEMOLITION & RENOVATION PROGRAM WAS NOT DELEGATED TO MAINE AT THE TIME OF THE REMOVAL OPERATION. THE STATE IS AWARE OF, & CONCURS IN, THE ACTION EPA PLANS TO TAKE. PREVIOUS ENFORCEMENT ACTIONS: ON APR. 29,1983, ACL WAS CONVICTED IN THE U.S. DIST. CT. FOR THE DIST. OF NH OF VIOLATIONS OF THE CWA, RCRA, AND CERCLA, AND ALSO OF MAIL FRAUD, FALSE STATEMENTS, AND FALSE CLAIMS. THESE OCCURRED IN CONNECTION W/ ACL'S DISCHARGES FROM IT WSTE WTR TRMT PLNT & ITS DISPOSAL OF TETRACHLORO- ETHYLENE AT ITS FACILITY IN WINCHESTER, NH. ALSO, 5 INDIVI- DUALS AFFILIATED W/ACL HAD PREVIOUSLY PLED GUILTY TO CHARGES ARISING FROM THE SAME EVENTS. TOTAL CRIMINAL PENALTIES WERE APPROX. $500,000. ON APR. 12, 1984, ACL WAS DEBARRED FROM PARTICIPATING IN ANY EPA GRANT ASSISTANCE PGM FOR 3 YEARS. ACL HAS NOT BEEN CITED FOR ANY PRIOR ASBESTOS REMOVAL. PROPOSED PENALTY: THE DRAFT COMPLAINT SEEKS INJUNCTIVE RELIEF, REQUIRING THE DEFS TO COMPLY FULLY W/THE ASBESTOS REGS IN ANY FUTURE DEMOLITION OR RENOVATION WORK. THE STATUTORY MAX PENALTY OF $25,000 IS SOUGHT FOR FAILURE TO GIVE NOTICE. ISSUES OF NATIONAL OR PRECEDENTIAL IMPACT: THIS CASE MAY BE OF NATIONAL SIGNIFICANCE IN THAT IT IS ONE OF THE FIRST TO ENFORCE THE ASBESTOS REGS FOR NON-NOTI- FICATION ONLY. IF ENFORCEABILITY IS CHALLENGED ON THE BASIS OF LEGAL ISSUE, IT WILL HAVE PRECEDENTIAL IMPACT ON THE EN- TIRE PROGRAM. DEFS HAVE SEPARATELY ADMITTED TO EPA THAT THEY DID NOT NOTIFY THE AGENCY BEFORE REMOVING FRIABLE ASBESTOS ON FEB. 7-17, 1984. ACL DID CONTACT THE ME DOL PRIOR TO REMOVAL, BUT NO EFFORT WAS MADE TO NOTIFY EPA. ACME SERVICES HAS DONE ASBESTOS REMOVAL FOR ACL AT ITS BRANCH PLANT IN ASHLAND KY IN NOV-DEC 1983, & HAD NOTIFIED THE KY DIV OF AIR POLLU- TION. ACME WAS AWARE THAT ENVIRONMENTAL REGS WERE APPLICA- BLE TO ASBESTOS REMOVAL WORK. IN ADDN, ACL SHOULD HAVE KNOWN ABOUT THE RELEVANT REGS.

Defendants (2)

• A.C. LAWRENCE LEATHER COMPANY, INC.Named in complaintNamed in settlement
• ACME SERVICESNamed in complaintNamed in settlement

Facilities (1)

• AC LAWRENCE LEATHER

  PINE ST, SOUTH PARIS, ME, 04281

  Registry ID: 110007273020

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ACME SERV & A C LAWRENCE LEATHentered 1986-03-14

  Primary law: CAA

  Federal penalty: $10,000

Timeline (9 milestones)

• 1984-03-15Enforcement Action Data Entered
• 1984-09-26Referred To Headquarters
• 1984-10-17Referred To Dept Of Justice
• 1985-03-07Referred TO U.S. Attorney
• 1985-03-14Complaint Filed With Court
• 1986-03-14Final Order Lodged
• 1986-03-14Final Order Entered
• 1986-03-14Concluded
• 1987-06-30Enforcement Action Closed